Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1(c) of the Convention. 1. Disciplinary measures involving compulsory labour applicable to seafarers. The Committee has noted that under sections 413 and 414 of the Penal Code of Aruba, a copy of which was communicated by the Government with its report, certain breaches of labour discipline by seafarers are punishable by imprisonment (involving compulsory prison labour), which is contrary to this Article of the Convention. In its earlier comments, the Committee has been referring for similar reasons to sections 413 and 414 of the Penal Code of the Netherlands Antilles, which was previously applicable to Aruba. The Committee takes due note of the Government’s view expressed in the report that no reference is made in sections 413 and 414 of the Penal Code of Aruba to compulsory labour, but recalls in this connection that the Convention covers any form of forced or compulsory labour which could be used as a means of labour discipline, including forced or compulsory labour of persons sentenced to imprisonment. Referring also to the explanations contained in paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, the Committee expresses firm hope that appropriate measures will be taken in the near future in order to bring the above provisions into conformity with the Convention on this point, e.g. by restricting them to situations where the safety of the ship or the life or health of persons are endangered.

2. Disciplinary measures involving compulsory labour applicable to public servants. In its earlier comments, the Committee referred to section 83 of the Organic Act respecting the public service (SPG 1989, No. GT 37), under which public servants who are negligent in the exercise of their duty are liable to disciplinary sanctions, which include the obligation to perform up to six hours’ extra service without pay or for less than the normal wage. The Government indicates in its report that no decision has been made with regard to the steps to be taken to bring the above provision into compliance with the Convention, though the Government is aware of the continued non-compliance. The Government also indicates that section 83 has not been applied in practice. The Committee also notes that several special committees have been set up by the Government to propose amendments to a number of laws. While noting this information, the Committee reiterates its hope that the necessary measures will soon be taken with a view to bringing legislation into conformity with the Convention on this point and that the Government will be able to provide, in its future reports, information on any action taken.